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NY H83520

July 24, 2001

CLA-2-42:RR:NC:N3:341 H83520


TARIFF NO.: 4202.92.3031

Mr. Arlen T. Epstein
Tompkins & Davidson, LLP
One Astor Plaza
1515 Broadway
New York, NY 10036

RE: The tariff classification of a toiletry/travel bag and vanity bag from China.

Dear Mr. Epstein:

In your letter dated July 16th, 2001, you requested a ruling on behalf of Avon Products, Inc. on tariff classification.

The sample submitted with your request is identified as “Leopard Print Accessory Set”, #PP227156. The item consists of a larger zippered travel/toiletry bag and smaller cosmetic purse, both of which are made of textile material of man-made fibers. The larger travel/toiletry bag is lined on the interior and consists of a single compartment with no additional features. A carry handle is permanently attached to the top. The smaller cosmetic purse is lined on the interior and consists of a single compartment. A mirror is permanently attached to the interior by means of a sewn-in strip of fabric. The travel/toiletry bag and cosmetic purse are considered a set; the travel/toiletry bag imparts the essential character. If imported separately, the cosmetic purse is classifiable under HTS subheading 4202.12.8030.

In a subsequent letter dated July 20th, 2001, you have stated that the articles will be imported and sold at retail packed in a sealed polybag. You also have stated that a sample as packed for retail sale is not available.

The samples submitted are not marked with the country of origin. If presented packed ready for retail sale in a sealed polybag, the polybag must be permanently, conspicuously and legibly marked with the country of origin.

The applicable subheading for #PP227156 will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports, and similar bagsof man-made fibers, other. The general rate of duty will be 18.3 percent ad valorem.

Your sample is being returned as requested.

Items classifiable under HTS subheadings 4202.92.3031 and 4202.12.8030 fall within textile category designation 670. Based upon international textile trade agreements products of China are currently subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R.177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Kevin Gorman at 212-637-7091.


Robert B. Swierupski

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